CITY COUNCIL: AGENDA & MINUTES September 2011

Regular Meeting
Tuesday, September 13, 2011
4:30 p.m., Open Session

Live video streaming available at:
www.ci.carmel.ca.us

Broadcast date
Sunday, September 18, 2011
8:00 a.m., MCAET Channel 26

City Hall
East side of Monte Verde Street between Ocean and Seventh Avenues

Two hearing assistance units are available to the public for meetings
held in the Council Chambers

The City Council welcomes your interest and participation. If you want to speak on an agenda item during its review, you may do so when the Mayor opens the item for public comment. Persons are not required to give their names but it is helpful in order that the City Clerk may identify them in the minutes of the meeting. Please keep remarks to a maximum of three (3) minutes, or as otherwise established by the City Council. Always speak into the microphone, as the meeting is recorded on tape.

I. Call to Order

II. Roll Call

III. Pledge of Allegiance

IV. Extraordinary Business

A. Fire Department auto extrication training.

V. Announcements from Closed Session, from City Council Members and the City Administrator.

A. Announcements from Closed Session.

B. Announcements from City Council members (Council members may ask a question for clarification, make a brief announcement or report on his or her activities).

C. Announcements from City Administrator.

1. Report from the ad hoc CalPERS Committee.

2. Report on Big Sur International Marathon Economic Impact.

VI. Public Appearances

Anyone wishing to address the City Council on matters within the jurisdiction of the City and are not on the agenda may do so now. Matters not appearing on the City Council’s agenda will not receive action at this meeting but may be referred to staff for a future meeting. Presentations will be limited to three (3) minutes, or as otherwise established by the City Council. Persons are not required to give their names, but it is helpful for speakers to state their names in order that the City Clerk may identify them in the minutes of the meeting. Always speak into the microphone, as the meeting is recorded. The City Council Chambers is equipped with a portable microphone for anyone unable to come to the podium. Assisted listening devices are available upon request of the City Clerk. If you need assistance, please advise Heidi Burch as to which item you would like to comment on and the microphone will be brought to you.

VII. Consent Calendar

These matters include routine financial and administrative actions, which are usually approved by a single majority vote. Individual items may be removed from Consent by a member of the Council or the public for discussion and action.

A. Ratify the minutes for the regular meeting of August 2, 2011.

B. Ratify the bills paid for the month of August 2011.

C. Consideration of a Resolution authorizing City co-sponsorship with the Library Board of Trustees and Carmel Public Library Foundation of the Annual Donor Salute on March 4, 2012 and the Sterling Circle Reception on April 29, 2012.

D.Consideration of a Resolution approving one “free use” day at Sunset Center for the Carmel Music Society’s Youth Program competition in May 2012.

E. Consideration of a Resolution entering into an employment agreement with Jason Stilwell for the position of City Administrator.

F. Consideration of a Resolution approving an agreement for relocation expenses for the City Administrator in the amount of $15,000.

G. Consideration of a Resolution ratifying a Memorandum of Understanding between the City and General Employees Association -LIUNA/UPEC Local 792, AFL-CIO.

H. Consideration of a Resolution authorizing the City Administrator to enter into an agreement with the City of Marina (as lead agency) to apply for a regional Assistance to Firefighters Grant (AFG) to fund the upgrade of existing communications equipment and to purchase a new base station and pagers as part of the Next Generation (NGEN) effort in an amount not to exceed $6,500.

I. Consideration of a Resolution authorizing the establishment of a cooperative purchasing agreement for a grid pruning project and awarding the contract for the project to West Coast Arborists, Inc. in an amount not to exceed $36,979.

VIII. Public Hearings

If you challenge the nature of the proposed action in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.

A. Consideration of an appeal of the Planning Commission’s decision to approve Design Review and Use Permit applications for a new restaurant located on the northeast corner of Mission Street and Seventh Avenue in the Carmel Plaza. The project applicant is David Fink.

IX. Ordinances

A. None.

X. Resolutions

A. Consideration of a Resolution awarding a bid to Monterey Peninsula Engineering (MPE) for the Del Mar Parking Lot Improvements and Tank Replacement Project in the amount of $526,010.

XI. Orders of Council

A. Consideration of a Report concerning the provision of Fire Service.

B. Scheduling Future City Council meetings – Please Bring Your Calendar.

XII. Adjournment

The next meeting of the City Council will be:

Regular Council Meeting
Tuesday, October 4, 2011
Council Chambers

The City of Carmel-by-the-Sea does not discriminate against persons with disabilities. Carmel-by-the-Sea City Hall is an accessible facility. The City of Carmel-by-the-Sea telecommunications device for the Deaf/Speech Impaired (T.D.D.) number is 1-800-735-2929.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at Carmel-by-the-Sea City Hall, on the east side of Monte Verde Street, between Ocean and 7th Avenues, during normal weekday business hours, 8:00 am-5:00 pm.

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
September 13, 2011
I. CALL TO ORDER

The regular meeting of the City Council of the City of Carmel-by-the-Sea, California, was held on the above date at the stated hour of 4:35 p.m. Mayor McCloud called the meeting to order.

II. ROLL CALL

PRESENT: Council Members Burnett, Hazdovac, Sharp, Talmage and Mayor McCloud
ABSENT: None
STAFF PRESENT: John Goss, Interim City Administrator
Heidi Burch, Asst. City Administrator/City Clerk
Mike Calhoun, Interim Police Chief
Sean Conroy, Planning Services Manager

III. PLEDGE OF ALLEGIANCE

Members of the audience joined the Mayor and Council Members in the Pledge of Allegiance.

IV. EXTRAORDINARY BUSINESS

A. Fire Department auto extrication training.

Mayor McCloud related a story about an above-and-beyond level of community service provided by the Carmel Fire Department.

Fire Captain Mitch Kastros discussed the auto extrication training conducted at Rio Park.

V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND THE CITY ADMINISTRATOR

A. Announcements from Closed Session.

There were no announcements from Closed Session.

B. Announcements from City Council members.

Mayor McCloud discussed “201” rights, the discovery of 1976/77 City budget cards, California Coastal Cleanup Day on September 17, the screening of Clint Eastwood’s film “J. Edgar” at the Carmel Art and Film Festival, and more on the ongoing water issue.

Council Member Sharp provided a report on the Carmel trolley.

Council Member Burnett addressed contingencies to the Regional Water Project, new and known water supplies outlined in a report by Bob Brower, the proposed Aquifer Storage and Recovery projects, and ground water replenishment projects.

C. Announcements from the City Administrator.

1. Report from the ad hoc CalPERS Committee.

Bill Sharpe presented the report from the ad hoc committee on behalf of the other four committee members, Dick Borda, Joe Marks, Barbara Santry and Laura Zehm.

2. Report on Big Sur International Marathon Economic Impact.

Big Sur International Marathon Race Director Wally Kastner and Marketing
Director Julie Armstrong gave the presentation.

VI. PUBLIC APPEARANCES

Mayor McCloud opened the meeting to public comment at 5:45 p.m.

David Dilworth, of Helping Our Peninsula’s Environment (HOPE), provided information about the “Right-Sized Water Project”.

Nina Beety addressed Council about Smart Meters.

George Riley, representing Citizens for Public Water, addressed the Water Project and water solutions.

Renati Mannan spoke about the Galli Fortunato statue in the Sunset Center women’s restroom.

Kathryn Harrison spoke about the Forest Theater Guild, of which she is a Board member.

Alan Murphy announced two upcoming Carmel Heritage Society programs.

Adam Moniz addressed reports of illnesses related to Smart Meters.

Mayor McCloud closed the meeting to public comment at 6:05 p.m.

VII. CONSENT CALENDAR

A. Ratify the minutes for the regular meeting of August 2, 2011.

B. Ratify the bills paid for the month of August 2011.

C. Consideration of a Resolution authorizing City co-sponsorship with the Library Board of Trustees and Carmel Public Library Foundation of the Annual Donor Salute on March 4, 2012 and the Sterling Circle Reception on April 29, 2012.

D. Consideration of a Resolution approving one “free use” day at Sunset Center for the Carmel Music Society’s Youth Program competition in May 2012.

E. Consideration of a Resolution entering into an employment agreement with Jason Stilwell for the position of City Administrator.

F. Consideration of a Resolution approving an agreement for relocation expenses for the City Administrator in the amount of $15,000.

G. Consideration of a Resolution ratifying a Memorandum of Understanding between the City and General Employees Association-LIUNA/UPEC Local 792, AFL-CIO.

H. Consideration of a Resolution authorizing the City Administrator to enter into an agreement with the City of Marina (as lead agency) to apply for a regional Assistance to Firefighters Grant (AFG) to fund the upgrade of existing communications equipment and to purchase a new base station and pagers as part of the Next Generation (NGEN) effort in an amount not to exceed $6,500.

I. Consideration of a Resolution authorizing the establishment of a cooperative purchasing agreement for a grid pruning project and awarding the contract for the project to West Coast Arborists, Inc. in an amount not to exceed $36,979.

Mayor McCloud opened and closed the meeting to public comment at 7:14 p.m.

Council Member TALMAGE moved to approve the Consent Agenda, seconded by Council Member BURNETT and carried unanimously.

VIII. PUBLIC HEARINGS

A. Consideration of an appeal of the Planning Commission’s decision to approve Design Review and Use Permit applications for a new restaurant located on the northeast corner of Mission Street and Seventh Avenue in the Carmel Plaza. The project applicant is David Fink.

Sean Conroy, Planning Services Manager, presented the staff report.

David Fink, the project applicant, addressed Council.

Mayor McCloud opened the meeting to public comment at 6:21 p.m.

Addressing Council on this issue were: Jean Hubert, owner of St. Tropez; Charles Chrietzberg, President of Monterey County Bank; Preston Kincaid; Barry Swift of the Carmel Residents Association Board; Don Benz, Sr. Property Manager of the Carmel Plaza; Michael Adamson read a letter from Denny Levett; Kent Torrey, owner of the Cheese Shop; Adam Moniz; Barbara Livingston; Kathy Fredrickson; Monte Miller; Gerard Rose; Carolyn Hardy; Peter Baird; Rich Pepe; Roberta Miller; and Lisa Dias.

Mayor McCloud closed the meeting to public comment at 6:52 p.m.

Mayor McCLOUD moved to accept the Planning Commission’s Findings for Decision, as amended, on September 13, 2011, seconded by Council Member HAZDOVAC.

Council Member BURNETT made a substitute motion to remand the proposal to the Planning Commission for a variance to recognize the interpretation of I-3e in Municipal Code Section 17.14.040 (“Restaurants, Full Line”) to allow ordering at the counter under certain conditions that the Planning Commission may have.

Council Member TALMAGE then moved to accept the Planning Commission’s Findings as amended, and to reword the second sentence of Special Condition #5 to read, “Customers shall order from a menu while seated or order from the counter,” seconded by Mayor McCLOUD, and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: HAZDOVAC, SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: BURNETT
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

Council took a recess at 7:26 p.m. and reconvened at 7:34 p.m.

IX. ORDINANCES

A. None.

To accommodate the large audience attending for the Fire Service issue, Item XI-A was moved up in the agenda order, preceding Item X-A.

XI. ORDERS OF COUNCIL

A. Consideration of a Report concerning the provision of Fire Service.

Interim City Administrator Goss presented the staff report.

Mayor McCloud opened the meeting to public comment at 8:07 p.m.

Addressing Council on this issue were: Gerard Rose; David Banks, on behalf of the Board of Directors of the Carmel Residents Association; Demetrius Kastros; Jerry Floyd; Roberta Miller; Tom Frutchey, City Manager of Pacific Grove; Carolyn Hardy; Pat Sippel; Monte Miller; Adam Moniz; Ken Hutchinson, Vice President of the Carmel Professional Firefighters; Dave Jedinak, Operations Manager of Carmel Regional Fire Ambulance; and Barbara Livingston.

Mayor McCloud closed the meeting to public comment at 8:45 p.m.

Council Member HAZDOVAC moved to direct staff to prepare a draft agreement with the City of Monterey that incorporates Recommendations 1, 2, 3 and 5, seconded by Council Member SHARP, and passed by the following roll call vote:

AYES: COUNCIL MEMBERS: HAZDOVAC, SHARP & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: BURNETT & TALMAGE

X. RESOLUTIONS

A. Consideration of a Resolution awarding a bid to Monterey Peninsula Engineering (MPE) for the Del Mar Parking Lot Improvements and Tank Replacement Project in the amount of $526,010.

Interim City Administrator Goss presented the staff report.

Mayor McCloud opened and closed the meeting to public comment at 9:35 p.m.

Council Member HAZDOVAC moved to award a bid to Monterey Peninsula Engineering (MPE) for the Del Mar Parking Lot Improvements and Tank Replacement Project in the amount of $526,010, seconded by Council Member TALMAGE and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: BURNETT; HAZDOVAC; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

XI. ORDERS OF COUNCIL

A. Consideration of a Report concerning the provision of Fire Service.
This item was heard earlier.

B. Scheduling Future City Council meetings – Please Bring Your Calendar.

XII. ADJOURNMENT

Mayor McCloud declared the meeting adjourned at 9:36 p.m.

Respectfully submitted, ATTEST:

_____________________________ _____________________________
Heidi Burch, City Clerk MAYOR SUE McCLOUD